Delaware House Dems say staffers forced to sign confidentiality agreements

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This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.

Delaware House leaders released a copy of the non-disclosure agreements (NDAs) some staffers were pressured to sign over the past year. The document was made public a day after WHYY News reported that they were trying to distance themselves from the issue after it surfaced publicly on a blog.

Three lawmakers and a former staffer say it was either newly chosen Majority Leader Kerris Evelyn Harris or former Speaker Valerie Longhurst who came up with the idea to require confidentiality agreements. The Democrats say the aides were not allowed to keep a copy of the agreements.

They spoke on the condition of anonymity to describe sensitive internal party operations and conversations, including the debate that happened at a caucus meeting last week where members chose new House leadership. Caucus discussions are confidential.

The representatives say one lawmaker broached the subject of the NDAs at the caucus meeting, causing concern about the issue among several members, including doubt over whether the NDAs were legal.

The NDAs mirror language in the employee handbook that forbids employees from divulging information about “pending legislation, legislative projects or the professional/personal habits of legislators or other staff members with journalists, lobbyists, or members of the public” without permission.

But the NDAs also go on to bar employees with access to legislative emails from using that information for anything other than constituent services. Lawmakers made themselves immune from open records disclosure requirements in 2009. A staffer who disclosed information without prior approval would be subject to disciplinary action, including being fired.

One lawmaker said she has been trying unsuccessfully to get a copy of one of the NDAs for weeks after being made aware of the practice in October.

Two of the House members said Harris stood by the practice of requiring the NDAs at the caucus meeting, saying they were needed due to concerns of staff breaking constituents’ confidentiality.

“No one is buying that,” said the female lawmaker. “It is especially strange because only some staff were made to sign them.”

It’s unclear how many staffers signed NDAs. A House spokesperson said they could not comment on a personnel issue.

The three lawmakers said they were told an outside law firm, not House attorneys, drafted them. If so, it’s unclear how the legal work was funded.

Despite people being aware of the NDA requirements for staffers for several months, a House spokesperson said the leadership team was only recently made aware of the agreements and were investigating it.

One lawmaker said the NDA idea came from Harris even before she became House Majority Whip in 2023.

A former House staffer said the decision must have been signed off on by Speaker Longhurst.

“During my time in the House, nothing like that happened without Val’s approval,” the staffer said.

Longhurst served one term as speaker before losing her seat in September against political newcomer Kamela Smith. She did not return a request for comment. Harris also did not respond to WHYY News’ call for comment.

The three lawmakers said Harris told them during the caucus meeting that all staff would be signing NDAs going forward. But a House spokesperson said no one under incoming Speaker-elect Mimi Minor Brown will be required to sign one.

Minor Brown said in a statement that through the investigation, it was discovered in late 2023 that language from the employee handbook was presented to employees as an NDA. She said in a statement the process would be discontinued immediately.

“We have been blessed through the years to have such a great group of employees, and I apologize for any difficulty they have experienced along the way,” she said in an emailed statement. “Quite simply, we as Representatives cannot do our jobs effectively without the work of our staff. One of my top goals as speaker will be to restore that enthusiasm so that everyone – staff and legislators– is working hard every day to deliver for Delawareans across our state.”

Mike Brickner, executive director of the American Civil Liberties Union of Delaware, said they have been contacted by members of the community on the issue.

He said his organization has not seen a copy of the NDAs, but the agreements do not take away the right of government employees to report illegal activity or corruption.

“Every government employee has to feel empowered to be able to report those issues when they arise without any fear of retaliation or reprisal,” he said. “It has to be really clear that employees still have those rights as whistleblowers because, again, it’s within all of our interests as taxpayers for them to be able to raise those issues up when they may happen in the workplace, especially in a government workplace.”

The Delaware Department of Justice received a complaint related to House staffers being asked to sign confidentiality agreements on Oct. 8, an agency spokesperson confirmed.

The former House staffer said caucus employees and legislative aides understand they can’t release sensitive information about constituents or draft legislation and that’s regularly communicated to them.

The existence of the NDAs surfaced just after State Auditor Lydia York released a report showing at least six current and former state lawmakers potentially double-dipping by working two taxpayer-funded jobs at state or local government entities at the same time between fiscal year 2020 through 2022.

Editor’s note: This story has been updated to include the specific language that was contained in the NDAs.